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apamama | Terms Of Use

WAPAMAMA is a private wap-based online service, which provides free wap-site building tools and free wap-site hosting. We offer our users up to 1MB of wap space, and many site building and editing tools (the "Service").

WAPAMAMA is owned and provided by ARX.NET SA (4 Aristotelous Str., 54625 Thessaloniki, Greece - tel. +302310250151, www.arx.net), subject to the present terms of use. These terms of use ("Terms") govern your access and use of WAPAMAMA and all of its services and constitute a binding legal agreement ("Agreement") between you as an authorized user of WAPAMAMA ("you" or "User"), and ARX.NET SA. By using WAPAMAMA, you confirm your acceptance of, and agree to be bound by, these Terms and Agreement.

1. User Information.
The personal information that you provide when you subscribe to WAPAMAMA, together with information regarding the manner in which you use WAPAMAMA, will not be processed or disclosed by ARX.NET SA except as permitted by this Agreement. Any personal information supplied by you upon registering for the Service is subject to WAPAMAMA's Privacy Policy. ARX.NET SA may send you newsletters and e-mail messages to inform you of new products, promotions, features and helpful tips for ARX.NET SA's services. For more information, you may review the WAPAMAMA Privacy Policy, which is hereby incorporated into this Agreement.

2. WAPAMAMA Usage - Content.
You may create a wap site subject to these Terms and applicable law. All wap pages are subject to review, modification and deletion without notice by ARX.NET SA or an authorized agent. Furthermore, ARX.NET SA reserves the right, in its sole discretion, to tag any wap page as inappropriate, as unsuitable for minors etc, or to display or insert any kind of warning towards the visitors of any wap site regarding the content of such wap site.
WAPAMAMA or ARX.NET SA does not endorse or vet or stand behind the accuracy, truthfulness, reliability or lawfulness of any information, content or other material (including statements of opinion or advice) provided on or by means of WAPAMAMA, other than information provided by authorized WAPAMAMA spokespersons. Statements made in wap pages reflect only the views of their authors.
ARX.NET SA is not responsible for the content of any User wap pages. Users will be held legally responsible for the contents of their wab pages, including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of WAPAMAMA for illegal purposes is strictly forbidden and any wap page found to be or believed to be, in ARX.NET SA's sole discretion, violating the law may be removed without notice.
Accordingly, you are solely responsible for your communications via, and your use of, WAPAMAMA. You may not, under any circumstances, do any of the following: (a) may not obtain paid advertising for your wap-page; (b) publish, post, distribute or disseminate defamatory, infringing, obscene, deceptive or other unlawful material or information via WAPAMAMA; (c) use WAPAMAMA to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) send unsolicited mail or other messages (AKA spam) to promote your WAPAMAMA wap site; (e) publish, post, distribute, or disseminate material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; (f) operate a wap site with WAPAMAMA without a valid e-mail address; (g) use WAPAMAMA in a manner that adversely affects the availability of its resources to other Users; (h) falsely purport to be a WAPAMAMA or ARX.NET SA employee or agent; or (i) cause repeated disruptive incidents, or act, or fail to act, in your use of WAPAMAMA, in a manner that is contrary to applicable law or regulation. In addition, ARX.NET SA makes no guarantee as to the availability of the Service and is not liable in anyway for loss of service.
You agree to (a) maintain all equipment required for your access to and use of WAPAMAMA; (b) maintain the security of your User identification, password and other confidential information relating to your WAPAMAMA account; and (c) be responsible for all charges resulting from use of your WAPAMAMA account, including unauthorized use prior to your notifying WAPAMAMA of such use and taking steps to prevent its further occurrence by changing your password.
Either you or ARX.NET SA may terminate your WAPAMAMA subscription at any time, with or without cause.
In any case, ARX.NET SA reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion, as well as to delete any page it deems unacceptable for any reason without prior verbal or written notice.
Furthermore, ARX.NET SA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updated to such third party sites. The inclusion of any link or embedded third party content does not imply endorsement by ARX.NET SA of the site linked or embedded and ARX.NET SA is not responsible for any content or transmission received from any linked or embedded third party site.

3. Operation.
ARX.NET SA reserves complete and sole discretion with respect to the operation of WAPAMAMA.

4. User Representations.
You represent and warrant that:
- You are of legal age and that you possess the legal right and ability to enter into this Agreement and to use WAPAMAMA in accordance with these Terms.
- You agree to be financially solely responsible for your use of WAPAMAMA and any of its services (as well as for the use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.
- At the time of entering into this Agreement you are not relying on any representation made by us which has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
- You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any WAPAMAMA server does not contain any virus and will not, in any way, corrupt the data or systems of any person.
- You will keep secure any passwords used to upload data to any WAPAMAMA server.
- You hold and will continue to hold the copyright in any content that you upload to any WAPAMAMA server or that you are licensed and will continue to be licensed to use and upload any such content.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another wap page, use on any other wap site or on any web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of User created wap sites, (collectively, "User Site") in accordance with these Terms. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of ARX.NET SA, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
- You accept full responsibility for all information, content and other material you issue over any WAPAMAMA service, and will indemnify us and hold us harmless against any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, your use or misuse of the Service and the use or misuse of the Service by any person using your account. In particular you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.

5. No Warranties and Limitation of Liability.
WAPAMAMA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ARX.NET SA MAKES NO, AND DISCLAIMS ANY AND ALL, EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION, OPERATION OR SECURITY THEREOF. ARX.NET SA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CONTENT, GOODS OR SERVICES PROVIDED BY ANY MERCHANT, IAP OR CP. ARX.NET SA DOES NOT WARRANT THAT ACCESS TO OR USE OF WAPAMAMA WILL BE INTRUDERSAFE, UNINTERRUPTED OR ERROR-FREE, OR THAT WAPAMAMA SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ARX.NET SA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF WAPAMAMA SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF WAPAMAMA SERVICES. YOU AGREE THAT ARX.NET SA AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR ARX.NET SA (INCLUDING, WITHOUT LIMITATION, IAPS) WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE WAPAMAMA SERVICES, OR THE ACTIONS OR INACTIONS OF ANY OTHER USER, EXTERNAL INTRUDER, MERCHANT CP OR IAP OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WAPAMAMA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU HEREBY RELEASE ARX.NET SA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE, ON ANY THEORY OF LIABILITY AND ANY LEGAL GROUNDS, INCLUDING FOR ANY PAYMENTS MADE BY YOU RELATING TO GOODS AND SERVICES PURCHASED FROM MERCHANTS, CPS OR IAPS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR WAP-SITE, ANY TRANSMISSIONS OF DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY LOSS OF USE, DATA OR PROFITS, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, AND ANY SERVICES THAT ARE DELAYED OR INTERRUPTED

6. Charges - Advertisements
WAPAMAMA services are provided free of charge. However, ARX.NET SA reserves the right to impose any fees for any WAPAMAMA services at any time, provided, however, that ARX.NET SA will provide Users with reasonable prior notice. If any User finds any change to the Service to be unacceptable, User is free to cancel User's subscription of the Service.
ARX.NET SA will have the right to insert text and/or banner advertisements on any and all wap sites and/or wap pages provided on or by means of WAPAMAMA free of charge, without Users obtaining any right or claim there from.

7. Assignment; Household Use; Minors.
Your WAPAMAMA subscription is personal. Subject only to this Section 7, you agree not to assign, transfer or sublicense your rights as a User. You may allow other persons of your household to use your WAPAMAMA account, provided that you hereby agree to be responsible for all other aspects of their usage.

8. Indemnification.
You agree to indemnify ARX.NET SA from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your WAPAMAMA account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users and infringement of intellectual property or other rights. WAPAMAMA will notify you promptly of any claim for which ARX.NET SA seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to WAPAMAMA's or ARX.NET SA's interests, as reasonably determined by ARX.NET SA.

9. Notices; Consent.
Notices given by WAPAMAMA or ARX.NET SA to you will be given by your posted e-mail address, or by a general posting on WAPAMAMA. In any matter requiring WAPAMAMA's or ARX.NET SA's or prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of ARX.NET SA. Notices given by you to WAPAMAMA or ARX.NET SA must be given by e-mail addressed as follows: info@wapamama.net, or by conventional mail. Notices to WAPAMAMA or ARX.NET SA by conventional mail must be sent to the address above written

10. Effective Date; Changes to Terms.
This Agreement takes effect on the date on which you first use WAPAMAMA and continues until your WAPAMAMA subscription is terminated either by you or by WAPAMAMA. ARX.NET SA RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF WAPAMAMA AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

11. General.
These Terms and the Agreement are governed by the laws of Greece, and you consent to the exclusive jurisdiction and venue of courts in Thessaloniki, Greece in all disputes arising out of or relating to your use of WAPAMAMA or your WAPAMAMA subscription.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and WAPAMAMA or ARX.NET SA as a result of your use of WAPAMAMA subscription. You agree not to hold yourself out as a representative, agent or employee of WAPAMAMA or ARX.NET SA, and that acknowledge that ARX.NET SA may not be liable by reason of any representation, act or omission to act by you.
WAPAMAMA's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of ARX.NET SA's right to comply with law enforcement requests or requirements relating to a User's use of WAPAMAMA.

This Agreement constitutes the entire agreement between ARX.NET SA and you with respect to your use of WAPAMAMA and your WAPAMAMA subscription, and it supersedes any and all other communications and proposals, whether oral or written, between ARX.NET SA and you with respect thereto.

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